09/13/04 MON 14:19

FA305  375

2484	CLERK OF BOARD

-- ....._ ......
CLERK OF THE' BOARD

@001

'¥ COUNTY COMM-ISSIONERS

MEMORANDU!V1

041JFAmCeO1O1!c!c:f!T<V'._l   fil('RID•

.

TO:		Honorable Chairperson Barbara Carey-Shukr, Ed.D . and Members, Board of County Commissioners

Agenda 1tem No. 1(I)
( Pub  Li c	Hearing 7 - 2 7 - o 4 )
DATE:	June 22, 2004

FROM:	George Co	r	0

0#04-146

SUBJECT: Ordinance Creating the
Caribe Palm Community
Development District

 	

RECOMMENDATION

11 is recommended that the Board adopt the attached ordinance creating the Caribe Palm Community  Development  District   (CDD)  in   unincorporated  Miami-Dade  County,  pw-suant to the authority granted by the Miami-Dade  County  Home  Rule  Charter  for  the pwposes set fonh in Chapter I 90 of the florida Statutes,  subject  10  acceptance  of  the  declaration  of restrictive covenants running with the lands within the jurisdiction of the COD .

BACKGROUND
Caribe Park, L.L.C.. a Florida limiled Liability Company, owner of the Silver Pabn Homes Development, has filed an application to create the Caribc Palm CDD in connection with said development. Silver Palm Honies is a 50.00 acre residential development lying wholly
within  unincorporated Miam i-Dade   County,  in the  area  bounded  hy S.W. J  l  2'h Avenue on
the east, theoretical S. W. l 1 4th Avenue and theoretical S.W. 114'11 Place on the west, llaeoretical S. W.  230 th Street and S. W. 232nd Street on the south and theoretical S. W_ 228th Street  and  theoretical  S.W.  229th   Street  on  the  north.    The  CDD  is designed   to  provide a
financing mechanism for community infrastructure, services and facilities, along with cenain ongoing operations and maintenance for the Silver Palm Homes development. The development plans for the lands within the proposed CDD include construction of 156 townhouse and t 40 single family units with associated roadway, stom1 drainage and water and sewer facilities estimated to cost approximately $6.680 million. A detailed smrunary of COD clements, as well as their cost and anticipated lack of fiscal impacts to govemment agencies, is presented in the auachcd application submitted by Caribe Park, L.L.C. ln accordance with Florida Statute 190, Caribe Park, L.L.C., has paid a filing fee of$l S,OOOto the County.

A declaration of restrictive covenants will be proffered at public hearingby the owner of the lands within the COD jurisdiction, providing for notice in the public records of the projected taxes and assessments to be levied by the CDD, and providing for individual prior notice to the initial purchaser of a residential )ot or unit within the development. The document shall also include provisions for remedial options to property owners whose contract for sale did not include timely noticeoflhc existence and extent of CDD liens and special assessments.

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09/13/04 MON

14:20 FAX 305 375 2484	CLERK OF BOARD
Honorable Chairperson Barbarn Carey-Shuler, Ed.D. aJ)d Members, Board of County Conunissioncrs
Page 2	04

id]002

This Board is authorized by the Florida Constitution and the Miami-Dade Cmu1ty Home Rule Charter to establish governmental units such as the CDD within Miami-Dade County and to prescribe such government's jurisdiction and powers.

This development roadways are all public, and will be maintained by Miami-Dade County. A special taxing district shall be created to maintain this development's common element landscape tracts should the Homeowners Association (HOA) or CDD bedissolved or fail to fulfill its maintenance obligations. This special taxing district will remain Jonnanl until such time as Miami-Dade County detem1ines that the HOA or COD is not pcrfonn ing.

FJSCAL IMPACT

I

The creation of the Caribc Pahn Community Development District will have no fiscal impact on Miami-Dade County other than normal maintenance of the roadways, water and sewer rm  drainage facilities dedicated to the County.

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IS

COD<- r-CDDOID•""°'
o,,i,,IJ..

 	

09/13/04	MON 14:20 FAX 305 375 2484

CLERK OF BOARD

@003

-

J\'IE IOR	DUl\1
(Revised)

1                    

TO:	Hon. Cbairpcrson  Barban Carty-Shuler. Ed.D	DA TE:
d Membus. Bo rd of County Cotnm1!i ioncrs
tf;/d

July ?.7. 2004

Anumded

FROM:	Robert A. Ginsburg
County Anomey

SUBJECT:  Agenda Item  o.	4 ( I )

Plea-se note any items checked.

 		u4-Day Rule" (''3-Day Rule" for committee§) applicable if raised

 		6 weeks required between lint reading a11d public hearing

 		4 weeks notification 10 municipal officials required prior ro public hearing

 		Decreases revenues or increases expenditures without b:dancing budget

 		Budget required
 		Statement or fiscal impact required
 		Bid wai\ll!r requiring County Manager's written recommendation

 		Ordinantt creating a ne"· board requires detailed County Manager's
report for public: hearing

 		Housekuping hem (no policydecision required)

:'.'Jo committee review

09/13/04	MON 14:20 FAX 305 375 2484
Approved	 	

Veto	 	

Override	 	

CLERK OF BOARD	id)004
Amended
                                Agenda Jtem No.	<1 ( J )
7-27-04

ORDINANCE NO.

-04-146 -	--

)

ORDINANCE GRANTING PETITION OF CARIBE PARK, LL.C. A FLORIDA UMlTED LlABlLITY COMPANY ("CARIBE PARK" OR "PE TITJO NER0	FOR   ESTABLISHMENT    OF   A   COMMUN1TY DEVELOPMENT DISTRICT; CREATJNG AND ESTABLISHJNG CARIDE PALM COMMUNlTY DEVELOPMENT DJSTR1CT ("DISTRJCT"); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INlTlAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFFERED DECLARATION OF RESTRJCTlVE COVENANTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

WHEREAS, the Florida Legislature CTea1cd and am<."Jlded Chapter 190, florilla Statutei:;, to provide an alternative method lo finance and manage  basic  services  for  community development; and
WHEREAS, Section 1.0l(A)(21) of the Miami-Dade Coun1y Home Rule Chartcr gr-ants the Miami-Dade County Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this Slate; and
WHEREAS, Article Vfll, section 6(1) of 1he Florida Constitution provides for exclusive County Chuter authority to establish all govenunental units within Miami-Dade County and to provide for their government and prescribe their j sdiction and powers; and
WHEREAS, Caribe Park, L.L.C.• a Florida Limited Liability Company ("Caribe Park"

or  "Petitioner")   has   petitioned   for   the  establishment   of   the  Caribe   Palm Community

Development District (lhe "District''); and

WHEREAS, a public hearing has been conducted by the Miami-Dade County Board of County Commissioners in accordance with the requirements and procedures of

09/13/04 MON 14:ZO FAX 305 375 Z484	CLERK OF BOARD	· Amend	d
Agenda hem No.
Page 2

4 ( I )

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04	14 6
Section I 90.005(2)(b), Florida Statutes , and the applicable requirements and procedures of the Miami•Dadc County Home Rule Charter and Code; and
WHE AS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County's planning, management and financing needs for delivery of capital infrastructUJ'e therein without overburdening the County and its taxpayers; and
WHEREAS, the Board of County Commissioners finds that the statements contained in tbc Petition arc true and correct; and
WHEREAS, the creation of the District is not inconsistent with any applicabli:: element or portion of the Stale comprehensive plan or the Miami-Dade County Comprehensive Development Master Plan; and
WH.EREAS,  the  area  of  land  within  the  District  is  of  sufficient  size,  is  sufficjcntly

compact, and is sufficiently contiguous to be devclopable as one functional interrelated community; and
WHEREAS, the creation of the District is the best altemativc available for delivering the community development services and facilities to the area that will be served by the District; and WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development
services and facilities; and

WHEREAS, the area that will be served by the District is amenable to separate special­

district government; and

WHEREAS, the owner of the property that is to be developed and served by the community development services and facilities to be provided by the District has submitted an

/
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J\mended

09/13/04	MON 14:21 FAX 305 375 2484	CLERK OF BOARD	Qiooa
Agenda hem No. 4 ( :r )
Page: 3
146
execuled declaration of restrictive covenants pledging among other things 10 provide initial purchasers of individual residential parcels with notice of liens  and  assessments  applicable  to such  parcels,  th  certain  remedial  rights vesting in the purchasers of such  parcels  if such  notice is not provided in a timely and accurate manner; and
WHEREAS, having ma<le the foregoing findings, after a publjc hearing, the Miami-Dade County Board of Colll)ty Commissioners wishes to exercise the powers bestowed upon it by Section l.Ol(A)(2l) of the Miami-Dade County Home Rule Charter in the manner provided by Chapter 190. Florida Slatutes; and
WIJEREAS, the Miami-Dade County Board of County Commissioners finds that the District shall have those general and special powers authorized by Sections 190.011 and 190.012, FJorida Statutes, and set fonh herein, and lhat it is in the public interest of all of the citizens of Miami-Dade County that the District have such powers,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1.	The foregoing findings. which are expressly set forth herein, are hereby

adopted and made a part hereof.

Section 2.	The Petition to establish the Caribc Palm Community Development

District over the real property described in Exhibit A attached hereto, which was filed by Caribe Park, L.L.C., a Florida Limited Liability Company, on  April  30,  2004,  and  which  Petition  is  on file at the Office of the Clerk of the Board. is hereby  granted.  A  copy of  the Petition  is attached and incorporated herein (Exhibit B).
Section 3.	The external boundaries of the District shaH be as depicted on the location

map attached hereto and incorporated herein as Exhibit C.

,C,.-   -0"'-ANCI!

09/13 /04	MON 14:21 FAX 305 375 2484	CLERK OF BOARD

/\mended Agenda Item No. Page 4

4 (I )

ill 007

Section 4.

D4	14 6
The initia1 members of the Board of Supervisors sha.11 be a.,; fo])ows :

Fernando Martinez Rau) Martinez Christine Crespi Carmen Aguilar Ileana M. Castro
Section 5.	The name of the District sha11 be the "Caribe Palm Community

Development District."

Section Q. The Caribc Pahn Cominunjty Development District is created for  the purposes set forth in Chapter 190, Florida Statutes, pursuant to the authority granted by Section l.Ol(A)(21) ofthi: Miami-Dade County Home Rule Charter.
         Pursuant to Section 190 .00 5 (2) (d), F]orida Statutes, the charter for the Caribe Palm Community Development District shall be Sections l 90.006 through 190.041, Florida Statutes.
Section 8.	The Miami-Dade County Board of County Commissioners hereby grants
to the Caribe PaJm Community Development District all genercil powers authorized pursuant to Section I 90.011, Florida Statutes, and hereby finds that  it is in the public  interest of all citizens of Miami-Dade County to grant such general powers .
Section 9.	The Miami-Dade  County Board  of County Commissioners  hereby grants

to the Caribc Palm Community Development District the speciaJ powers authorized pursuant to Section 190.012 (1), Florida Stan.ires and Sections 190.012 (2) (a) (d) and (0, (except for powers regarding waste disposal), Florida Statutes and Section 190.012 (3), Florida Statutes, and hereby finds that it  is  in  the public interest  of  all citizens of Miami -Dade County to grant  such special

09/13/04	MON 14:21 FAX 305 375 2484	CLERK OF BOARD	Am nded
Agenda Item No .
Page 5

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ldioos

04	146
powers; provided that the District's exercise of power Wider Section 190.012(l )(b), Fl01ida Statutes, pertaining to water, waste wate::r and reuse water services shall be pursuant to that Declaration t)f Restrictive Covenants submitted to the Board of County Commissioners in connection with the petition.
Section 10. All honds issued by the Caribe Palm Community Development District pursuant to the powers granted by this ordinance shall be validated pursuant to  Chapter  75, Florida Statutes.
Section 11. No bond, debt or other obligation of the C:aribe Palm Community Development   District,   nor   any   dcfauh.     thereon,   shall   constitute   a   debt   or   obligation   of Miami-Dade County, except upon the express appro-val and agreement of the Miami-Dade Board of County Commissioners.
Section 12.	Notwithstanding any power granted to the Caribe Palm Commnnity

Development District pursuant to this Ordinance, neither the District nor any real or personal property or revenue in the district shall. solely by reason of the District's creation  and  existence, be exempted from any requirement for the payment of any and all rates. fees, ch.uges, permitting fees, impact fees, connection fees, or similar County rates, fees  or  charges,  special  taxing districts special assessments which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section 13.	Notwithstanding any power granted 10 the Canoe Palm Commwiity

Development District pursuant to this Ordinance, the District may exercise the power of eminent domain outside the District's existing boundaries only with the prior specific and express approval of the Board of County Commissioners of Miami-Dade County.

09/13104	MON 14:ZZ FAX 305 375 2484	CLERK OF BOARD

Amende(]
Agenda Item No.
Page 6

1 ( I )

(lJ009

Section 14. This Board hereby accepts that Declaration of Restrictive Covenants as proffered by the owners of the lands within the jurisdic1ion of the Carihe Palm Community Development ?istrict, in connection with the petition submitted by Caribe Park, L.L.C., a Florida Limited Liability Company and approved herein.
S ction 15_	lf any section, subsection, sentence, clause or provision of this ordinance

is held invalid, the remainder of this ordinance shall nol be affected by such invalidity.

Section 16. It is the intention of the Board of County Commissioners, and it is hereby ordained thar the provisions of this ordinance shall be excluded from the Code of Miami-Dade County_
Section 17. This ordinance shall become effective ten ( l 0) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shaJl become effective only upon an override by this Board.

PASSED AND ADOPTED:	.)UI_ 11 10011

Approved by County Attorney as to fom1 and legal sufficiency:

Prepared by:

Gerald T. Heffernan

CD l)(:AalN' PAI..M I
"''"/JCOI

09/13104	XON 14:22 FAX 305 375 2484	CLERK OF BOARD	@oto

EXHIBIT A LEGAL DESCRJPTJON
CARJBE PALM COMMUNITY Df.VFLOPMENT DJSTRJCT

The East½ of the NE¼  of the SW¼   of the SW¼   and  the  N3/4  of the West½ of the SE
¼  of the SW¼  in Section 18, Township 56 South, Range 40 East together with the South
1/z  of   the NE·¼ of SE 'I• of the SW ¼ and the SE 1/ of the SE ¼ of  the SW  ¼ and the S ½
of the SW¼ of the SE¼ of the SW¼ in Section 18, Township 56 South, Range 40 East, Jess the East 50 feet and the South 35 feet, Jyjng and being in Miami-Dade County, Florida.

09/13/04 MON 14:22 FAX 305 375 2484

CLER-K

OF BOARD

id]Oll

PETITION FOR ORDINANCE

FOR

CARIBE PALM
COMMUNITY DEVELOPMENT DISTRICT

April 30, 2004

Prepared by

Special District Services, Inc.
11000 Prosperity Fanns Road, Suite 104
Palm Beach Gardens, FJorida 334 JO

56).6304922-Tcle
g77.737.492_2	Ton Free
561-6304923 - Fax

I I

UY/13/04 MON 14:22 FAX 305 375 2484	CLERK OF BOARD	@012

JN RE :	AN  ORDINANCE  TO ESTABLISH	)
THE CARJliE PALl\f	)
COMMUNITY DEVELOPMENT DISTRICT	)

Petitioner, Caribe Park, LLC ("Pclit1oncr"), hereby petjtions the Miami-Dade County Commission to establish a Community Development District (..Dis trict" ) with Tespect to the land described herein and in support of the Petition, Petition states:

The prnposcd District is located within the unincorporated area of Miami- Dade County. Exhibit l depicts the gcneTal location of the project. The  proposed  District covers approximately 50.0 acres of land_ The  metes and bound description  of the external boundaries of the District is set forth in Exhibit 2. There is no real prnpeny within the external boundaries of the proposed District, which is to be excluded from the District.
Attached to this Petition as Exhibit 3 and made a part hereof is the written consent to the establishment of the District by the owners of I 00%  of the real  property to  be jncluded in the District.

The five persons designa1ed to serve ac:; initial members of the Doard of Supervisors of the proposed District arc as follows:

Fernando Martinez	988)  SW 148th Terrace	Miami, Fl 33 J 76

h

Raul Martinez	15856 SW 14 -11    Place	Miami,  Fl 33187
Christine Crespi	9861 SW 1 48th Terrace	Miam;,  Fl 33176
Cannen Aguilar	15397 SW 1 72"'-1 Terrace	Miami,  Fl 33187

h

Illeana M. Castro	140)9 SW 671   T<.nacc	Miami, Fl 33183
The proposed name of the District lo be established is Caribe Palm Cornmu,iity Development District ("CPALMCDD") .

There are no exjsting major trunk water mains,  sewer  interceptors  or outfalls cum:ntly e:itisting on the site_

1be proposed timetable for the construction of District services is shown on Exhibit 4A and the estimated cost of constructing the services, based on available data, is shown on Exhibit 4B. These are good faith estimates but arc not binding on the Petitioner or the District and arc subject to change.

Petitioner is in the process of developing the project as a residential community. The proposed uses for the land within the District are J40_single family dwelling units and 156 Townhomes for a total of 296 dwelling units. The proposed

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09/13/04 MON 14:23 FAX 305 375 2484	CLERK OF BOARD	Qio13

uses for the land included within the proposed District are in compliance with Miami­ Dade County Future Land Use Element. The County Master Plan and Future Lmd Us Element designate the land contained within the proposed District for low density residential. The future general distribution. location and extent of public and private use!': ofland proposed for the area within the District arc shown on E:<liibit 5.

8.'

Exhibit 6 is a Statement of Estimated Regulatory Costs prepared m

accordance with the requirements of Section 120.541. Florida Statutes.

Exhibit 7 is a map of the District boundaries .

J 0. The District is sedc.ing and hereby requests the right to exercise all powers provided for in Section 190.06 through 190 .041, Florida Statutes includh1g the special powers provided by section 190.012(1) and sections 190 .0 l 2(2)(a) and (d), and section 190.012(3).

1 L The  Petitioner  is  Caribe  Park,  LLC  whose  address  is  I 1755  SW  90'" Street, # 210, Miami, Fl 33 J 86 .

J la. The owner of the  property  is  Keleros,  LLC,  whose  addn:ss  is  2665  S.  Bayshore Drive, #200, Miami, FL 33133.

J 2. The property within the proposed District is amenable to operating as an independent special district for the following reasons:

Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable clements or portions of the effective- Miami-Dade County Comprehensive Development Master Plan, as amended.

The area of land within the proposed District is part  of  a  unified plan of development for which a development plan has been appr0ved by Miami-Dade County. The land encompaS5ing the proposed District is of sufficient size and is sufficiently compact and continuous to be developed as one functional inter-related community.
The community development facilities the District proposes to finance will be compatible with the capaci,ty and use of existing local and regional community development services and facilities.

The proposed District will be the best alternative available for de1ivering community infrastructure to the area to be served because the District provides a governmental entity for delivering the infrastructure in a marmer that does not financially impact persons residing outside the District.

I)	......

09/13/04 MON 14:23 FAX 305 375 2484	CLERK OF BOARD

EXHIBITS
CARJBEPALM COMMUNITY DEVELOPME T DISTRICT

Exhibit I Exhibit 2 ·
Exhibit 3 Exhibit 3A Exhibit 4A Exhibit 4B Exhibit 5
Exhibit 6

Exhibjt 7

Location Map

Legal Description

Consent and Joindcr-Caribe Park, LLC

Consent and Joinder-KeyJems, LLC

Estimated Infrastructure Construction Time Table

Construction Costs Estimates

Public & Private Uses Map

Statement of Estimated Regulatory Co ts

District Boundaries Map

,...._

09 /13/04 MON 14:23 FAX 305 375 2484	CLERK OF BOARD	 	lli015	

DISTRICT BOUNDARIES	--.

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SW	232	ST

CARIBE PALM
COMMUNITY DEVELOPMENT DISTRICT
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(COMM. 0009}
SECTION: 18-56-40	EXHIBIT ·c·

09/13/04 MON 14:23 FAX 305 375 2484	CLERK OF BOARD	@016